CrPC 322→BNSS 361

CrPC 322 to BNSS 361: Procedure in cases which Magistrate cannot dispose of

Section 322 CrPC (1973) replaced by Section 361 BNSS (2023)

View CrPC Section 322 →View BNSS Section 361 →

CrPC 322 to BNSS 361 at a Glance

Section 322 CrPC (Procedure in cases which Magistrate cannot dispose of) is now Section 361 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 322 to BNSS 361?

Section 361 BNSS has the same heading as Section 322 CrPC, Procedure in cases which Magistrate cannot dispose of, and the same text. Section 322(1) CrPC is found in Section 361(1) BNSS and Section 322(2) CrPC in Section 361(2) BNSS.

CrPC 322 vs BNSS 361: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section322361
HeadingProcedure in cases which Magistrate cannot dispose ofSame
Sub-sections2 sub-sectionsSame

CrPC 322 and BNSS 361: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 322, CrPC 1973

322. Procedure in cases which Magistrate cannot dispose of.—(1) If, in the course of any inquiry into an offence or a trial before a Magistrate in any district, the evidence appears to him to warrant a presumption— (a) that he has no jurisdiction to try the case or commit it for trial, or (b) that the case is one which should be tried or committed for trial by some other Magistrate in the district, or (c) that the case should be tried by the Chief Judicial Magistrate, he shall stay the proceedings and submit the case, with a brief report explaining its nature, to the Chief Judicial Magistrate or to such other Magistrate, having jurisdiction, as the Chief Judicial Magistrate directs. (2) The Magistrate to whom the case is submitted may, if so empowered, either try the case himself, or refer it to any Magistrate subordinate to him having jurisdiction, or commit the accused for trial.
BNSS 2023 (in force)

Section 361, BNSS 2023

361. Procedure in cases which Magistrate cannot dispose of.—(1) If, in the course of any inquiry into an offence or a trial before a Magistrate in any district, the evidence appears to him to warrant a presumption— (a) that he has no jurisdiction to try the case or commit it for trial; or (b) that the case is one which should be tried or committed for trial by some other Magistrate in the district; or (c) that the case should be tried by the Chief Judicial Magistrate, he shall stay the proceedings and submit the case, with a brief report explaining its nature, to the Chief Judicial Magistrate or to such other Magistrate, having jurisdiction, as the Chief Judicial Magistrate directs. (2) The Magistrate to whom the case is submitted may, if so empowered, either try the case himself, or refer it to any Magistrate subordinate to him having jurisdiction, or commit the accused for trial.

When It Applies: CrPC 322 vs BNSS 361

Under CrPC 322
  1. Section 322(1) CrPC applies in the course of any inquiry into an offence or a trial before a Magistrate in any district, when the evidence appears to the Magistrate to warrant a presumption.
  2. Under Section 322(1)(a) CrPC, the presumption is that the Magistrate has no jurisdiction to try the case or commit it for trial.
  3. Under Section 322(1)(b) CrPC, the presumption is that the case is one which should be tried or committed for trial by some other Magistrate in the district.
  4. Under Section 322(1)(c) CrPC, the presumption is that the case should be tried by the Chief Judicial Magistrate.
  5. The Magistrate shall stay the proceedings and submit the case, with a brief report explaining its nature, to the Chief Judicial Magistrate or to such other Magistrate, having jurisdiction, as the Chief Judicial Magistrate directs.
  6. Under Section 322(2) CrPC, the Magistrate to whom the case is submitted may, if so empowered, either try the case, or refer it to any Magistrate subordinate to that Magistrate having jurisdiction, or commit the accused for trial.
Under BNSS 361
  1. Section 361(1) BNSS applies in the course of any inquiry into an offence or a trial before a Magistrate in any district, when the evidence appears to the Magistrate to warrant a presumption.
  2. Under Section 361(1)(a) BNSS, the presumption is that the Magistrate has no jurisdiction to try the case or commit it for trial.
  3. Under Section 361(1)(b) BNSS, the presumption is that the case is one which should be tried or committed for trial by some other Magistrate in the district.
  4. Under Section 361(1)(c) BNSS, the presumption is that the case should be tried by the Chief Judicial Magistrate.
  5. The Magistrate shall stay the proceedings and submit the case, with a brief report explaining its nature, to the Chief Judicial Magistrate or to such other Magistrate, having jurisdiction, as the Chief Judicial Magistrate directs.
  6. Under Section 361(2) BNSS, the Magistrate to whom the case is submitted may, if so empowered, either try the case, or refer it to any Magistrate subordinate to that Magistrate having jurisdiction, or commit the accused for trial.

What CrPC 322 to BNSS 361 Means in Practice

From 1 July 2024, a reader looking for this provision finds it in Section 361 BNSS. The words of Section 361(1) BNSS and Section 361(2) BNSS are the same as in Section 322(1) CrPC and Section 322(2) CrPC.

FAQs: CrPC 322 to BNSS 361

Which BNSS section carries Section 322 CrPC?▼

Section 361 BNSS. Section 322(1) CrPC is found in Section 361(1) BNSS and Section 322(2) CrPC in Section 361(2) BNSS.

Is the text of Section 361 BNSS different from Section 322 CrPC?▼

The heading and the text are the same.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·